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  1. #1
    Join Date
    Aug 2006
    Posts
    2

    Default Getting Back Child Support as an Adult in Florida

    Hello all!

    I believe I have an Odd situation here, If any situation at all.

    My name is Brandon. I was born September of 1986. My biological father, was with my mother, If even this long, until June of 1987. (Aprox. 9 months, no longer than 1 year.) They were never married. He is on my birth certificate as my "father"

    Heres the story.

    (keep in mind, I dont know my real father, where he lives, what he does, through out all this, untill I state later on)

    Sometime in 1989 (I am 2 years old, almost 3), My mother marries another man (They have been together since late 1988), and have my sister. No child support has ever been requested/issued, etc. My parents(Mother and step father) made pretty decent cash, My mother never tried for child support, because she didnt want my "Abusive" father around me, and I guess, If he pays child support, then he has visitation rights

    Sometime in 1996 (I am 9 years old, almost 10) My parents divorce (Mother and Step father) I am NOW, informed, that my step father is not my legal father, and they show me my birth certificate, explain, etc.

    September 13, 1998 (I am 11, almost 12) My mother dies. I move in with my grandmother and grandfather of my mothers family. (My sister goes with her father, my step father). My grandparents are issued a monthly check for taking care of me, from my mothers social security (or however that works). Roughly, 740 a month. (This was not spent very wisely throughout my years of living with them)

    May 2004, I move out while in 11th grade. I move into my (Ex step fathers home, along w/ my girlfriend of 2.5 years) I changed the social security check into my name, and started receiving the money.

    May 2006, Problems arrise, I move back into my grandparents, whom have raised me since my mothers death. (Social security stopped in may of 2005)

    December 2006 - Upon browsing car forums (I am into drag racing etc.), I find a guy, living in Florida, whom is selling a lot of corvette parts. I read (Looking for some parts for a swap), and at the bottom is the man's name. The same name on my birth certificate as my father.

    So, I messaged him, found out it WAS him. (He wrote me a few stories, we swapped some information only He or I could know, he sent me some baby pictures of me, that my mom also had from when I was roughly 6 months, etc.) He claims me as his own, etc.

    We have met 3 times since. He lives 2 hours from me.

    I am now in college (Actually, My first day and first class of college starts in 4.5 hours, and I have not slept yet.)

    I dont have a vehicle of my own. I am using an extra car that my aunt has for transportation, and some work.

    I am seriously strugging for paying all of this. My family suggests that I request back child support from my father, whom is doing pretty well for himself.

    I have mentioned to him a few times, about stuggling with money, he hasnt not once offered any help, In fact, one time for dinner, I ended having to pay (not that I expected everything to be a free ride, but c'mon, 19 years of non existance, and we meet for dinner, and i get stuck w/ the bill?)

    He will then talk about, oh, Race entry fee if 350 for sunday, and how he is buying a kayak, and hes going to start flying, kayaking, and skydiving. All in the same 30 minute conversation that I am talking about strugging for cash for a car, college, food, etc.

    He offered 1 time for me to move in w/ him, and he'd help me through college, I was like WOW! Maybe he'll pay. Then he talks about how he'll need this much for rent, utilities, etc.

    I live w/ my grandparents for free if I goto school.

    So here goes.

    I am 19 years old, (20 in september). Can I, or my grandparents request back child support? He has not made 1 payment my entire life, nor has tried. I didnt even know what he was, where he was, or who he was until I was 19 years old.

    If I can go about requesting this, would the person have to me myself, or my grandparents? I am a legal adult, so everyone has told me that I can do it, if it is even possible. If it is possible, what are my first steps in doing so? I havn't mentioned any of this to my biological father, or my grandparents yet.

    He is single (no other children), has a 250-300,000 dollar house, 3 vehicles, including a 2004 commemoritive corvette (only 2000 were made), and from looking up salaries of his occupation, he makes roughly 70,000 a year.

    These little online back child support calculators are giving me a figure of roughly 85,000 that he owes (That would well fund me through college for a bit of time)

    I am sorry for this being so long, but I want whoever can help me out, to know everything that I can think of right now.

    Thank you all whom have read, and even more thanks for responding.
    Brandon

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Florida Back Child Support. Odd Situation.

    Cut this in half.

    Leave out all the editorial comments.

    Give us facts only.

    Ask three questions.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,660

    Default Re: Florida Back Child Support. Odd Situation.

    Put your hand on your head like a teapot and turn around three times.

    Pat your head and rub your belly simultaneously.

    Oh, sorry... I think I was supposed to say, "Simon says".

    Your story is a bit long, but it boils down to this: If you choose to make the relationship about money, you risk losing the relationship. It may be that you are facing some tough times, it may be that he can help out, but as soon as you become the "kid he never knew" who always has his hand out you risk being the kid who is unpleasant to see. (How much do you like being asked for money?)

    I don't mean to sound harsh - yes, "he is your father" - but I've seen a lot of new parent-child relationships become quickly estranged when the child starts asking for money. He's all but told you that he doesn't want to financially support you.

    It appears that under Florida statutes the only child support you can petition to obtain as an adult (that is, once you turn 18) would be prospective (from this point forward) and even then only if you require the support due to physical or mental incapacity:
    (2) This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.If (and only if) there was no prior court order of support, there is another provision which allows a court to award up to 24 months of back support, depending upon the facts of the case:
    Quote Quoting Florida Statutes, Civil Code, Section 61.30 - Child support guidelines; retroactive child support
    (17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following: (a) The court shall apply the guidelines in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period.

    (b) All actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.

    (c) The court should consider an installment payment plan for the payment of retroactive child support.
    Assuming that statute applies, you can potentially get back support for a few days - the period starting two years prior to your filing the petition for support and your eighteenth birthday. You can check with a local family lawyer if you really want to pursue this, but it appears that pursuing back support is not a viable option (it will probably cost a lot more to get that few days of support than would be ordered - assuming the judge doesn't simply exercise his discretion and deny support altogether).

  4. #4
    Join Date
    Aug 2006
    Posts
    2

    Default Re: Getting Back Child Support as an Adult in Florida

    Thank you.

    Well, to make it short.

    I never knew my father.

    I found him when I was of age 19.

    My mother died when I was 11.

    I then lived w/ my grand parents.

    I am now 19, found my father, and he wont help me through college.

    He is more than well enough to support my "community college" costs.

    There was never any "abandoment" filed, or anything. My grandparents were never my "true legal guardians" no, court guardianship was ordered..

    As explained to me "My father could have came and taken me at any point and time after my mom died, without having to fight, because he was the only 1 whom had custody of me"

    Even if I am not able to request it, could my grandparents request it?

    I am not worried about "burning bridges" with him. From the sounds of it, he just knocked up my mom, and didnt want either of us. Still today, he acts that way.

    So questions...

    1) Can I request Back Child Support?

    2) If not I, can my grand parents?

    3) Is there anything else I can do besides the "Dad, Off the books, can you help me with college?" and get another "No."???

    Thanks guys,
    Brandon

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,660

    Default Re: Getting Back Child Support as an Adult in Florida

    Quote Quoting Skeezix
    View Post
    1) Can I request Back Child Support?
    I answered that question.

    Quote Quoting Skeezix
    2) If not I, can my grand parents?
    They have no more right to seek retroactive support than you do.

    Quote Quoting Skeezix
    3) Is there anything else I can do besides the "Dad, Off the books, can you help me with college?" and get another "No."???
    You can petition for the little amount of support you may be able to recover retroactively, assuming no prior support order was ever entered, as described above. You can consult a lawyer about other possible options.

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